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(영문) 대전지방법원 2016.07.22 2016고단1524
준강제추행
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 14, 2016, around 03:36 to 03:44, the Defendant: (a) taken a soup bath room in Seo-gu Daejeon, Seo-gu, Seo-gu, Daejeon, on the side of the victim E (the age of 21) who locked back and taken out the fry, and then taken out the fry of the victim’s chest.

Accordingly, the defendant committed an indecent act against the victim who is in an impossible condition to resist due to sleep.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes written E;

1. Relevant Article of the Criminal Act; Articles 299 and 298 of the Criminal Act; the choice of imprisonment for a crime;

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The grounds for sentencing under Article 16(2) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes committed by an Order to Attend shall be taken into account: (a) the same type of punishment before and after the same year in 2007; and (b) the method and degree of conduct; and (c) where the conviction of the accused who is obligated to register and submit personal information is finalized, the accused is a person subject to registration of personal information under Article 42(1) of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes; and (b) the accused is obligated to submit personal information

In light of the Defendant’s age, occupation, risk of repeating a crime, details and motive of the crime, method and seriousness of the crime, the degree and expected side effects of the Defendant’s disadvantage due to the disclosure order or notification order, the preventive effect and effect of the sexual crime subject to registration which may be achieved therefrom, and the protection effect of the victim, there are special circumstances under which the disclosure of personal information may not be disclosed.

Since it is judged, it is not ordered to disclose or notify the defendant.

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